The Office of the Prime Minister under Maltese Constitutional Law : a comparative study

Abstract

The Prime Minister occupies the most central position under the Maltese Constitution. Although, Constitutionally subject to the President of the Republic, he is the de facto head of Government. This is true of all Constitutions in western democratic societies. His position depends on the type of Constitutional framework adopted by certain states. The Prime Minister occupies the central role in the administration of the parliamentary democracy, is second in command in semi-presidential democracies and although not referred to in presidential democracies, the position of the President in such democracies is easily compared and contrasted. The Constitutional development of the office of Prime Minister in Malta has an intimate connection with the office of the Prime Minister as perceived in the United Kingdom. In fact, this office owes its birth and existence to the development of the office in Britain throughout the years. From Primus Inter Pares depending on royal favour, the office has evolved in such a way that today the Prime Minister is more of an unelected monarch rather than a mere first among equals. This thesis provides for a thematic analysis on the role, functions and powers of the Prime Minister under Maltese Constitutional Law. However, in order to grasp a better understanding of the implications of such role, functions and powers, a detailed comparison with the position of the Prime Minister under other Constitutions is delivered. It is necessary to start this thesis by giving a picture of the historical development of the Office in Britain and how this was transposed to the various Maltese Constitutions which led to the independence of the islands. Chapter 1 discusses the historical development of the office in Britain. The second and third chapter deal with the Constitutional development of the office in Malta, before and after independence, respectively. The fourth chapter provides for an understanding and comparison between the different systems of government used in western democracy. The fifth chapter deals with the appointment of the Prime Minister and the vacancy that may arise in his office, whereas the sixth chapter analyses the discretionary power of the Prime Minister to advise the President to dissolve Parliament and call for general elections. Chapter seven and eight deal with the relationships the Prime Minister has with the Cabinet, the President, the Judiciary and other Constitutional players. Chapter nine, being the last chapter, analyses the position of the Prime Minister today, providing an overview, including proposals for the alteration of the powers granted to this office.